Fugler v. Bothe
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. This case was certified from the St. Louis court of appeals upon a division of opinion in that court. The opinion of Judge Biggs and the dissenting opinion of Judge Rombaube are set out in this report and the dissenting opinion approved as properly declaring the law. (1) The trial court should have sustained the motion to make the petition more definite and certain.
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Certified from St. Louis Court of Appeals. This case was certified from the St. Louis court of appeals upon a division of opinion in that court. The opinion of Judge Biggs and the dissenting opinion of Judge Rombaube are set out in this report and the dissenting opinion approved as properly declaring the law. (1) The trial court should have sustained the motion to make the petition more definite and certain. The general allegations of negligence were good only on demurrer or motion in arrest of judgment. But the matters called for by this motion were essential to give a right of action, and…
1Opinion of the CourtBiggs, J.
— Charles H. Fugler, the plaintiff’s ■deceased husband, was employed by the defendants in the construction of a building in the city of St. Louis.' While in this employment the deceased fell from the second story of the building to the first floor, thereby receiving injuries which resulted in. his immediate ■death.
The petition, after alleging that the deceased was a carpenter by trade, averred that his death was caused by the negligence of the defendants, by reason of their failure to provide a safe and proper place for him to perform the work required of him. The negligence thus complained…
2Cases cited19 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
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3Cited by40 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Steinhauser v. SpraulSupreme Court of Missouri · 1895
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
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